NCJ Number
58729
Date Published
1979
Length
284 pages
Annotation
RESULTS OF A FIELD SURVEY TO ASSESS THE EFFECTS OF THE CIRCUIT EXECUTIVE ACT, AN ACT WHICH PROVIDES A CIRCUIT COURT EXECUTIVE TO ASSIST IN MANAGERIAL DUTIES, ARE PRESENTED.
Abstract
PROPONENTS OF THE CIRCUIT EXECUTIVE ACT HOPED THAT THE NEW POSITION CREATED BY THE LEGISLATION WOULD LEAD TO COMPREHENSIVE IMPROVEMENT IN FEDERAL COURT MANAGEMENT AND LESS COURT DELAY. IN ADDITION TO HELPING THE CIRCUIT CHIEF JUDGE WITH EXISTING ADMINISTRATIVE TASKS, THE CIRCUIT EXECUTIVES WERE EXPECTED TO IMPROVE MANAGEMENT AND OPERATION OF THE COURT OF APPEALS AND THE DISTRICT COURTS AND TO EXTEND THE SCOPE AND IMPROVE OPERATION OF JUDICIAL COUNCILS. BASED ON TWO SERIES OF MEETINGS WITH JUDGES AND SUPPORT STAFF, AND A REVIEW OF JUDICIAL COUNCIL MINUTES, JUDGES AND SUPPORT STAFF CORRESPONDENCE, AND COMMITTEE REPORTS, THE SURVEY DATA REVEAL THAT, ALTHOUGH EXECUTIVES HAVE HELPED CHIEF JUDGES, MANY JUDGES STILL SPEND TOO MUCH TIME ON ADMINISTRATION AND MANY EXECUTIVES SPEND TOO MUCH TIME ON ROUTINE MATTERS. ALTHOUGH OBVIOUS POTENTIAL FOR CONFLICT EXISTED IN CREATING THE POSITION, PERSONS RESPONSIBLE FOR THE ACT DID NOT DEFINE THE JOBS OF THE CIRCUIT EXECUTIVE, AND THE RELATIONSHIP BETWEEN THE EXECUTIVE AND THE COURT CLERK HAS BEEN POOR IN MANY INSTANCES. SOME EXECUTIVES HAVE INSTITUTED MAJOR IMPROVEMENTS IN THE JUDICIAL PROCESS--DEVELOPMENT OF RECOMMENDATIONS FOR EFFECTIVE USE OF COURT STAFF AND OF SCREENING PROCEDURES, ELIMINATION OF ORAL ARGUMENT OF WRITTEN OPINIONS, AND CONSOLIDATION OF RELATED AND SIMILAR CASES; FEW HAVE TAKEN VIGOROUS INITATIVES. IN DISTRICT COURTS, MANY EXECUTIVES HAVE BEEN HAMPERED BY THEIR IDENTIFICATION WITH APPEALS COURTS AND THE COUNCIL, AND IN JUDICIAL COUNCILS, MANY HAVE APPEARED UNINTERESTED IN COUNCIL WORK. APPENDIXES INCLUDE THE SURVEY METHODOLOGY AND RESPONSES, AND SUPPLEMENTAL LEGISLATIVE HISTORY AND SOURCES. (DAG)